Mining sector is a very important business line that must be arranged with both civil and criminal dimensions of legislative regulations, because of very heavy working conditions and the hazards that are naturally part of this branch. These legislative regulations are very important to prevent mining accidents, which usually end in death or serious injury in our country and also very important to identify responsibles and faultiness. We can see many of legislative regulations because of this importance, especially after 1980’s. Main legislative regulations in civil law, about this topic are; Law of Mortage No. 6098, Mining Law No. 3213, Labor Law No.4857, Occupational health and safety Law No.6331 and guidelines that belong to these legislative regulations and are made for indicating application methods. In addition with guideline of occupational health and safety in mining location which was published in Official Gazette No 28770 on 19 December 2013, is the most specific regulation that has been made from past until now in our legal system. Main legislative regulations in criminal law, about this topic are article 85 and 89 of Turkish Penal Code no: 5237. The most remarkable side of these legislative regulations are, being connected while they are being applied in cases.In this article, after giving brief information about industrial and legislative history of mining, the nature of mining accident is going to be described in dimensions of criminal law, legislative regulations are going to be explained which must be touched on while identifying the responsibles and faultiness and at last mining accidents are going to be examined under the judgments of Supreme Court of Appeal
Benzer Makaleler | Yazar | # |
---|
Makale | Yazar | # |
---|